Township of Edison, NJ
Middlesex County
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Table of Contents
Table of Contents
Prior ordinances: 1999 Code §§ 12.04.010 — 12.04.120.
[Ord. No. O.1999-2018]
a. 
No person (defined to mean any corporation, company, association, firm, partnership or individual) shall make an excavation in or tunnel under any street for the laying of gas, water or sewer or for any other purpose without first obtaining a permit from the Director of the Department of Public Works.
b. 
A tunnel or excavation may be commenced without a permit where an emergency has arisen which makes it necessary to start work immediately, provided that the application for permit shall be retroactive to the date on which the work was begun and that the Police Department and the Department of Public Works be notified before work commences. The permit shall be applied for within 24 hours of the known emergency or on the next business day, whichever is more practical.
c. 
The Director of the Department of Public Works or the Township Engineer shall be notified within 24 hours of a road opening for an emergency situation. If a road opening commences on a Saturday or Sunday as a result of emergency work, the Police Department shall be notified prior to the start of work, and the Director of the Department of Public Works or the Township Engineer shall be notified on the morning of the first business day thereafter.
d. 
No person shall encumber or obstruct any street or public place in the Township of Edison by placing therein or thereon any building materials or any articles whatsoever without first obtaining the written permission from the Director of Public Works.
e. 
The Director of Public Works shall have the power to grant permits to builders and others to occupy space not to exceed one-third (1/3) of the width of a vehicular lane of any street with building material if, in his opinion, the public interest or inconvenience will not suffer thereby. The fee for a permit to occupy the street shall be seventy-five ($75.00) dollars.
f. 
The Director of the Department of Public Works [supervisor of the Division of Licenses and Permits may issue permits to municipal public bodies without fee.
[Ord. No. O.1999-2018]
a. 
Applications for a permit shall be made to the Director of the Department of Public Works and shall contain the following information:
1. 
The name and address of the applicant;
2. 
The name of the street where the opening is to be made and the street number, if any, of the abutting property;
3. 
The nature of the surface in which the opening is to be made (whether sewer, water or gas and whether new construction or the repair of an existing street);
4. 
The character and purpose of the work proposed;
5. 
The date when the work is to be commenced and date when work is to be completed.
6. 
A plan or sketch in proper scale indicating the size and location of the proposed opening(s) which shall include:
(a) 
The distance in feet from the nearest intersection and from the nearest curbline;
(b) 
The dimensions of the opening including length and width; and
(c) 
The type of pavement or surface to be opened.
7. 
Any applicant for a permit shall provide to the Township proof of general liability insurance coverage
8. 
A utility mark-out within the area affected
9. 
Traffic Control Plan
10. 
A written agreement to completely restore the area affected within a specified number of calendar days after the first disruption thereof to the condition it was in at the time it was first completed. The selected period of time is subject to the approval of the Director of the Department of Public Works and the Township Engineer.
b. 
Each application shall state the identity and address of the applicant, the party responsible for performing such construction, the location where the excavation or tunnel is to be made, the dimensions of the opening and the date when the work is to be commenced and completed.
c. 
The Department of Public Works shall issue a permit to the applicant when it determines that (i) the necessary documents are acceptable in form and substance, (ii) the applicant has paid the review and inspection fee, (iii) the applicant has posted sufficient security, (iv) the applicant has satisfied all other requirements applicable to the issuance of permits in the Township of Edison.
[Ord. No. O.1999-2018]
a. 
An administrative application fee must be paid in the form of a check or money order when the application is made. The applicant shall be charged an administrative application fee of two hundred ($200.00) dollars for each permit.
b. 
A deposit must be paid in form of a check or money order when the application is made. For each opening made in any unimproved street, street paved with macadam, street paved with reinforced concrete, or any similar type of finished pavement, or tunneling the applicant shall be charged twenty ($20.00) dollars per square foot or portion thereof; minimum charge, two hundred ($200.00) dollars in the Township's escrow account maintained by the Chief Financial Officer. There shall be filed with the posted security a written consent that if the restoration work is not completed by the date specified then the Township may retain a private contractor to perform the restoration work and draw upon the security to the contractor. Security shall be returned upon final inspection.
c. 
In the event that any person shall make an application for a permit after the excavation shall have been made or the tunneling operation shall have been performed, the administrative application fee shall be increased to five hundred ($500.00) dollars.
d. 
The deposit shall be retained by the Township for the duration of one (1) year after the surface has been restored. Refunds of deposits will be made upon satisfactory completion of street opening restoration.
e. 
Qualified Utilities.
1. 
Qualified utilities shall be exempt from the individual permit schedule but must notify the Department of Public Works before any excavations are made. In lieu of individual permits, a company/security bond shall serve as a guaranty of fee payments. Such bonds shall have a duration of one (1) year.
2. 
Qualified utilities are defined as utilities regulated by New Jersey Board of Regulatory Commissions.
3. 
Qualified utilities shall make payment to the Director of the Department of Public Works on a quarterly basis for all permits obtained in the preceding quarter.
f. 
Indemnification.
1. 
Every permittee, as a condition of accepting any permit issued hereunder, shall save and hold harmless the Township of Edison and indemnify the Township of Edison, its officials, agents, servants and employees for and against any and all loss, damage, claim, expense or demand whatsoever arising out of any matter or resulting from the opening or excavation of any street and the issuance of a permit therefor as provided in this section.
2. 
Notice of Failure to Make Progress. If the permittee, in installing the permanent pavement shall fail to make progress satisfactory to the Director of the Department of Public Works, the Township may give written notice of such failure to the permittee. If, within twenty (20) days after the receipt of such notice, the permittee shall fail to make progress at a rate satisfactory to the Superintendent of the Department of Public Works, the Township shall have the right to complete the installation of such pavement, in which event the permittee shall be charged for the cost thereof at the rate the Township is billed by the contractor who performs the work, or at the rate it costs the Township to perform such work itself, which charges shall be billed after the receipt of the bill therefore.
[Ord. No. O.1999-2018]
If the Department of Public Works determines that an excavation for which a permit has been issued is of greater dimensions than those stated in the permit, the Department of Public Works shall notify the permittee that an additional deposit shall be required.
[Ord. No. O.1999-2018]
a. 
No permit shall be issued until the applicant has furnished the Director of the Department of Public Works with satisfactory proof that he or she is insured against injury to persons and damage to property caused by any act or mission of the applicant, his or her agents, employees or subcontractors done in the course of the work to be performed under the permit. The insurance shall cover all hazards likely to arise in connection with the work, including but not limited to collapse and explosion, and shall also insure against liability arising from completed operations. The limits of the policy of insurance shall be two hundred fifty thousand ($250,000.00) dollars for injury to any one (1) person, five hundred thousand ($500,000.00) dollars for injuries to more than one (1) person in the same accident and an aggregate of one hundred thousand ($100,000.00) dollars for property damage for a single incident.
b. 
Qualified utilities, as defined under subsection 19-1.3e2, shall be exempt from this subsection, provided that proof of liability insurance is on file with the Department of Public Works.
[Ord. No. O.1999-2018]
All permits issued under this section shall be subject to the following rules and regulations:
a. 
All excavations shall be kept properly barricaded at all times and, during the hours of darkness, shall be provided with proper warning lights. This regulation shall not excuse the permittee from taking any other precaution reasonably necessary for the protection of persons or property.
b. 
All work shall be done in such manner as to cause a minimum of interference with travel on the street affected. No street shall be closed to traffic unless the closing is approved by the Department of Public Works. It shall be the responsibility of the Department of Public Works to notify the Department of Public Safety of any such street closing. The Department of Public Works shall be informed of all street closings at least twenty-four (24) hours in advance when practical.
c. 
The Department of Public Works may, upon application by the permittee, extend the time limit during which the permit shall be valid.
d. 
If the Department of Public Works or Engineering Department determines that any backfilled excavation has settled or caved in, it shall so notify the permittee, who shall promptly continue backfilling with the materials specified until the Department of Public Works or Engineering Department determines that settlement is complete.
e. 
If blasting is required to be done in the course of any excavation, it shall be done in strict compliance with all applicable State laws and regulations.
f. 
Utilities shall notify the Department of Public Works a minimum of one (1) week in advance of scheduled street openings.
g. 
Street openings shall be straight cut by saw/jackhammer.
h. 
All work shall be done in accordance with Edison Township standard details and specifications.
i. 
Permittee and owners of underground facilities shall comply with the State of New Jersey's standards relating to construction, excavation and demolition operations at or near underground facilities.
j. 
Permittees shall take the precautions necessary to project such pipes, mains, conduits, and other appurtenances at their own expense.
k. 
All work shall be done in accordance with the specifications and provisions of the New Jersey Department of Transportation (NJDOT).
l. 
All debris on the street shall be removed at the expiration of the permit unless otherwise stipulated.
[Ord. No. O.1999-2018]
In all cases the permittee shall restore the surface of the street in accordance with the following rules, regulations and requirements:
a. 
No permittee shall commence the restoration of any street foundation or surface until the Department of Public Works or Engineering Department has determined that settlement of the subsurface is complete and the area is properly prepared for restoration. The Department of Public Works or the Engineering Department will determine, prior to restoration of the surface, if a pre-construction meeting is necessary in order to review the scope of the improvements, limits of construction and timeframe necessary to complete said restoration.
b. 
The extent of surface restoration will be determined based on the following criteria. However, the exact area of restoration will be considered on a case by case basis as approved by the Department of Public Works or Engineering Department.
1. 
Roadways Under Five-Year Roadway Disturbance Moratorium
(a) 
For the installation of a residential service, the minimum restoration work required will be to mill and resurface (minimum of two inches as determined by the Engineering Department) the roadway from the lane line nearest lane or curb line beyond the furthest point of the excavation for the entire width of the property.
(b) 
For an excavation running roughly parallel with the roadway and within the paved limits of the roadway, the minimum restoration work required will be to mill and resurface (minimum of two inches as determined by the Engineering Department) the roadway from the nearest striped lane line (furthest from the curb) to the nearest curb line, for a minimum of 100 feet in each direction or to the nearest cross street beyond the limit of effected roadway, as determined by the Engineering Department. Should at any time, the excavation extend beyond the centerline of the roadway, the entire roadway width will be required to be milled and resurfaced (minimum of two inches as determined by the Engineering Department) for the distance previously described.
(c) 
For an excavation running roughly perpendicular with the roadway and within the paved limits of the roadway, the minimum restoration work required shall follow the prescribed limits as described in subsection 19-17b1(a)
(d) 
For any scenario not covered above, the pavement restoration required will be the milling and paving of any lane occupied by the excavation, for a length to be determined by the Department of Public Works or Engineering Department. If at any point, the excavation crosses the centerline of the roadway, full width paving of the roadway will be required.
2. 
Roadways Not Currently Under Roadway Disturbance Moratorium
(a) 
For the installation of residential services, the street surface shall be restored to extend at a minimum, two (2) foot beyond the excavation on all sides. The distance along the curb line shall be no less than ten (10) feet in width and extend to the nearest lane line beyond the excavation.
(b) 
For an excavation running roughly parallel with the roadway and within the paved limits of the roadway the minimum restoration work required will be to mill and resurface the roadway (minimum of two inches as determined by the Engineering Department) from the nearest striped lane line (furthest from the curb) to the nearest curb line, for the entire length of the excavation, or for a distance of fifty (50) feet in each direction, whichever is greater.
(c) 
For an excavation running roughly perpendicular with the roadway and within the paved limits of the roadway, the minimum restoration work required shall following the prescribed limits as described in subsection 19-17b1(b)
(d) 
For any scenario not covered above, the pavement restoration required will be the milling and paving of any lane occupied by the excavation, for a length to be determined by the Department of Public Works or Engineering Department. If at any point, the excavation crosses the centerline of the roadway, full width paving of the roadway will be required.
c. 
When any foundation is restored by the use of portland cement concrete, the same shall consist of a mixture by volume of one (1) part of portland cement, two (2) parts of sand and four (4) parts of gravel or stone, so as to attain a compressive strength of four thousand (4,000) pounds per square inch after twenty-eight (28) days.
d. 
The permittee shall clean up and promptly remove from the site of work all surplus excavated material and debris, and shall leave the site of the work in a neat and orderly condition.
1. 
Where top soil, seeded areas or sod are disturbed in the course of the work, the permittee shall restore the ground surface to its original condition.
2. 
Upon completion of repairs in a street, permittees shall backfill street openings and excavations in a manner in accordance with the specifications. All materials used for backfill shall be free from bricks, blocks, excavated pavement materials and/or organic material or other debris.
3. 
Backfill material shall be deposited in horizontal layers not exceeding twelve (12) inches in thickness prior to compaction. A minimum of ninety-five (95%) percent of Standard Proctor Maximum Density will be required after compaction.
4. 
When placing fill or backfill around pipes, layers shall be deposited to progressively bury the pipe to equal depths on both sides. Backfill immediately adjacent to pipes and conduits shall not contain particles larger than three (3) inches in diameter.
5. 
Compaction shall be attained by the use of impact rammers, plate or small drum vibrators, or pneumatic button head compaction equipment. Hand tamping shall not be permitted except in the immediate area of the underground facility, where it shall be lightly hand tamped with as many strokes as required to achieve maximum density. The definition of the "immediate area" shall be a maximum of eighteen (18) inches from the facility.
6. 
Where sheeting has been used for the excavation, it shall be pulled when the excavation has been filled or backfilled to the maximum unsupported depth allowed by the New Jersey Department of Transportation guidelines.
7. 
As a measure of maximum density achieved for temporary restoration, the pavement surface shall not sink more than two (2) inches from the surrounding existing surface during the life of the temporary restoration. More than two (2) inches of settlement shall be deemed a failure of the compaction of the backfill and cause the removal of said backfill to the subsurface facility and new fill installed and properly compacted.
e. 
Temporary Asphaltic Pavement.
1. 
Immediately upon completion of the compaction of the backfill of any street opening, the permittee shall install a temporary pavement of an acceptable stabilized asphalt paving mixture, course size one and one-half (1.5) to two (2) inches, not less than four (4) inches in thickness after compaction, flush with the adjacent surfaces.
2. 
The permittee has the option of installing full depth pavement using an acceptable asphalt paving mixture immediately upon completion of the compaction of the backfill excluding reconstructed protected streets and full-depth concreted roadways.
3. 
Upon the expiration of the permit, all equipment, construction materials and debris shall be removed from the site, unless otherwise stipulated.
4. 
When final restoration is to be done the materials are to be removed with hand tools to a depth necessary to accomplish the final restoration.
5. 
In the event that two or more unconnected road openings are requested and dug only ten (10) feet or less apart, the restoration requirements shall include the milling and paving of a continuous area including the undisturbed area between the trenches.
f. 
Plating and Decking.
1. 
All plating and decking installed by the permittee shall be made safe for vehicles and/or pedestrians and shall be adequate to carry the load. Plates must be designed by a Professional Engineer and be rated for traffic. A corresponding certification signed and sealed by a Licensed Professional Engineer in the state of New Jersey must be submitted to the Township for each plate, prior to use.
2. 
The size of the plate or decking shall be large enough to span the opening, be firmly placed to prevent rocking and shall overlap the edges of trenches and openings and be sufficiently ramped to provide smooth riding and a safe condition.
3. 
All plating and decking shall be fastened by splicing, countersinking or otherwise protected to prevent movement.
4. 
Where deflections are more than three-fourths (3/4) inches, heavier sections of plates or decking or intermediate supports shall be installed.
5. 
All plating and decking shall have a skid-resistant surface equal to or greater than the adjacent existing street or roadway surface.
6. 
Plating of open excavation is not allowed during winter months.
g. 
Base.
1. 
Concrete and asphalt base material shall conform to specifications.
2. 
Concrete for base shall be plated in a driving lane and intersections or barricaded in accordance with the Federal Manual on Uniform Traffic Control Devices in a parking lane for a minimum of three (3) days to permit proper cure of concrete, unless otherwise specified.
3. 
Hot asphalt binder materials may be used in place of concrete for non-protected and/or resurfaced streets at a thickness ratio of one and one-half (1 1/2) inch of asphalt for every inch of concrete.
4. 
The concrete base shall be restored at the same grade as the existing base.
5. 
At no time will asphalt other than binder be permitted as a base course. Conduit or pipes shall be installed at a minimum depth of eighteen (18) inches from the surface of the roadway, or below the base, whichever is greater. Where conduits and pipes cannot be installed at the required minimum depth, protective plating shall be installed over the facilities upon written request from the permittee and receipt of written approval by the Township Engineer.
h. 
Guarantee Period. Permittees shall be responsible for permanent restoration and maintenance of street openings and excavations for a period of three (3) years on unprotected streets, and up to five (5) years on protected streets commencing on the restoration completion date. This period shall be the guarantee period.
1. 
Permittees shall comply with all applicable sections of these rules, the specifications, and all other applicable laws or rules.
2. 
The Township Engineer may require the use of infrared pavement repair technology in order to repair the pavement roadway. Coordination on the use of this method will be required for any roadway within the five (5) year roadway moratorium.
3. 
Any street opening in connection with the installation of telecommunication equipment that is not confined to within eight (8) feet of the curbline, including the required cut back, on any street, regardless of status—protected or unprotected—or where located within the Township, and/or within any sidewalk area within the Township, shall require full curb-to-curb roadway restoration under all circumstances.
[Ord. No. O.1999-2018]
a. 
Transferability. Every permit shall apply only to the person to whom it is issued and shall not be transferable. Permits issued to utilities shall show the identity of the utility.
b. 
Commencement of Work. Work under a permit shall commence with forty-five (45) days from the date of issuance of the permit. If work is not commenced within that time, the permit shall automatically terminate unless extended, in writing, by the Department of Public Works.
c. 
Possession of Permit. A copy of the permit must be kept in possession of the person actually performing the work and shall be exhibited on demand to any duly authorized employee of the Township.
d. 
Revocation of Permit. The Department of Public Works may revoke a permit for any of the following reasons:
1. 
Violation of any provision of this section or any other applicable rules, regulations, laws or ordinances;
2. 
Violation of any condition of the permit issued.
[Ord. No. O.1999-2018]
a. 
The permit holder shall conform to the requirements in the current manual on Uniform Traffic Control Devices, Part VI, when required by the Township to provide barricades and/or signs.
b. 
The permittee shall erect and maintain suitable barricades around all work while excavation or other work is in progress and shall arrange work in such a manner as to cause a minimum of inconvenience and delay to vehicular and pedestrian traffic. In the event that such requirement is not complied with by the permittee, the Director of the Department of Public Works may, in his discretion, cause all or part of the work covered by the permit to be backfilled and temporarily resurfaced by the City's own forces or by contract or otherwise. In which case the City shall be reimbursed for any expense incurred thereby.
c. 
Unless otherwise authorized by the Police Department, vehicular traffic shall be maintained at all times during the progress of the work being performed under the permit.
d. 
Permittees shall notify the Police Department of the construction and street operations that require street closing permits at least twenty-four (24) hours in advance of the commencement of nonemergency work.
e. 
The permittee shall be responsible for keeping the construction area as clean and neat as possible during the permit life. No material shall restrict water flow in gutters. All possible arrangements for the safety of the general public shall be maintained. Every effort shall be made to keep the pavement opening dimensions to an absolute minimum.
f. 
Traffic.
1. 
No more than one (1) lane of traffic may be obstructed, except as provided by Edison Police Department stipulation.
2. 
It shall be the duty of the permittee to properly guard the excavation by the execution of suitable barriers by day and lights by night and permittee shall be liable for any neglect to safeguard the traveling public.
3. 
All unattended street openings or excavations in a driving lane, including intersections, shall be plated. In the case of gas or steam leak, barricades in accordance with the New Jersey or Federal Manual on Uniform Traffic Control Devices shall be used until the leak is corrected.
4. 
Barricades, signs, lights and other approved safety devices shall be displayed in accordance with the New Jersey or Federal Manual on Uniform Traffic Control Devices.
5. 
The permit may restrict street operations and construction within the critical areas to nights, weekends or off-traffic hours.
6. 
Flagpersons. Permittees whose work results in the closing of a moving traffic lane, which requires traffic to be diverted to another lane, shall, at all times when actively working at the site, post a flagperson or utilize an authorized plan for the maintenance and protection of traffic at the point where traffic is diverted to assist motorists and pedestrians to proceed around the obstructed lane.
g. 
Temporary Closing of Sidewalks. A minimum of four (4) feet sidewalk width of unobstructed pedestrian passageway shall be maintained at all times. Where openings and excavations do not allow for four (4) feet of unobstructed pedestrian passageway, a temporary sidewalk closing plan should be submitted to the Department of Public Works.
h. 
Work Site Maintenance.
1. 
All excavated material shall be removed from the site or stockpiled at a designated curb, properly barricaded in accordance with the Federal Manual on Uniform Traffic Control Devices and stored to keep gutters clear and unobstructed.
2. 
All obstructions on the street shall be protected by barricades, fencing or railing, with flags, lights or signs in accordance with the Federal Manual on Uniform Traffic Control Devices placed at proper intervals and during the hours prescribed. During twilight hours the flags shall be replaced with amber lights.
[Ord. No. O.1999-2018]
Before any street is improved or paved, the Department of Public Works shall give notice to all persons owning property abutting on the street and to all public utilities and authorities operating in the Township that the street is about to be paved or improved. All connections and repairs to utilities in the street and all other work which requires excavation of the street shall be completed within forty-five (45) days from receipt of notice. The time for the completion of the work may be extended, in writing, by the Director of the Department of Public Works upon application by the person performing the work. This section shall not excuse any person from the requirement of obtaining a permit as provided in subsection 19-1.1.
[Ord. No. O.1999-2018]
a. 
The Township, in an attempt to preserve the integrity of recently repaved streets, will not issue a street opening permit for a street that has been repaved with the last five (5) years except in an emergency or where the public health or safety requires the performance of the work in question. The five (5) year road moratorium will require the permittee to install the finished pavement surface to like-new conditions by the use of infrared pavement technology, full width milling and paving operations or any other measures as recommended by the Township Engineer.
b. 
In cases where the street has been repaved within the last five (5) years the extent of finished pavement surface repairs will extend beyond the repair limits so that a natural transition will occur as described in subsection 19-1.7b1 above. Inspection and bonding requirements specific to this item shall be adjusted per site disturbance and shall be overseen by the Township Engineering Department. The permittee shall post the necessary bonding and escrow inspection fees for the Township Engineering Department to properly oversee the construction improvements. The Township shall pay from the escrow deposit any costs incurred by its designated representative(s) or professional consultant(s) for inspection, other engineering services or legal services required in connection with the proposed opening, excavation, backfilling or final paving at the rate established with the Township. If the escrow deposit fee is or will become insufficient to cover all costs incurred by the designated representative(s) or professional consultant(s) for said services, additional escrow deposit fees shall be estimated by the Director of the Department of Public Works and the Township Engineer based on the scope of improvements necessary to install the finished pavement surface to like-new conditions. This procedure shall be repeated as often as necessary to guarantee sufficient escrow deposit fees being available. Upon completion and acceptance of the area by the Township, if any escrow balance remains then the balance shall be forthwith returned to the applicant.
[Ord. No. O.1999-2018]
Any person who shall willfully violate any provision of this section shall, upon conviction, be liable to the penalty stated in Chapter I, Section 1-5, and each day's failure to comply with any such provision shall constitute a separate violation.
In cases where the street has been repaved within the last five (5) years and is under the Five-Year Roadway Disturbance Moratorium, any person who shall willfully violate any provision of this section specific to said moratorium, shall be fined a minimum of fifteen thousand ($15,000) dollars, if the excavation occurs within the first three (3) years post construction; twelve thousand five hundred ($12,500) dollars if the excavation occurs within year four (4) post construction; ten thousand ($10,000) dollars in excavation occurs within year five (5) post construction. Fines may be increased depending upon the severity of the violation and if the offender does not utilize the guidelines set forth within this ordinance. Each day's failure to comply with any such provision shall constitute a separate violation.
In addition, the Township reserves the right to increase the fine to the equivalent cost for milling and repaving the roadway (minimum of two inches as determined by the Engineering Department) at the time of the disturbance. The extent and limits will be as determined by the Township Engineer. The fine shall be calculated utilizing the most recent public bid prices for paving operations within the Township of Edison.
[1999 Code § 12.08.010]
The owner or owners, occupant or occupants, tenant or tenants of premises abutting or bordering upon any street in the Township shall remove all snow and ice from the abutting sidewalks of such streets or, in the event of ice which may be so frozen as to make removal impracticable, shall cause the same to be thoroughly covered with sand or ashes, within twelve (12) hours of daylight after the same shall fall or be formed thereon.
a. 
No owner or operator of premises having parking spaces reserved for handicapped drivers, and no tenant, contractor or other person may block access to such parking stalls reserved for handicapped drivers by plowing, piling or placement of snow or ice in such spaces.
[1999 Code § 12.08.020]
The owner or owners, occupant or occupants, tenant or tenants of premises used by the public or business invitees shall remove all snow and ice from the sidewalks, streets and parking areas used by the public in the transaction of business thereat or, in the event of ice which may be so frozen as to make removal impracticable, shall cause the same to be thoroughly covered with sand or ashes, within twelve (12) hours of daylight after the same shall fall or be formed thereon.
[1999 Code § 12.08.030]
In case such snow or ice shall not be removed from such sidewalks or public and business areas as provided in subsections 19-2.1 and 19-2.2, the same may be removed forthwith and under the direction of the Director of Public Works, and the cost of such removal as nearly as can be ascertained shall be certified by the Director of Public Works to the Governing Body. The Governing Body shall examine such certification and if found to be correct shall cause such cost to be charged against such real estate so abutting or bordering upon such sidewalks, and the amount so charged shall forthwith become a lien and a tax upon such real estate or land and be added to, recorded and collected in the same way and manner as the taxes next to be levied and assessed upon such premises and shall bear interest and be enforced and collected by the same officers and in the same manner as other taxes. The imposition and collection of a fine or fines imposed by the provisions of this section shall not constitute any bar to the right of the Township to collect the cost as certified for the removal of said snow or ice in the manner authorized.
[1999 Code § 12.08.040]
This section is adopted pursuant to the authority conferred by N.J.S.A. 40:65-12.
[1999 Code § 12.08.050; New; Ord. No. O.1859-2014]
Any person, firm or corporation violating any of the provisions of this section shall be liable to a fine of fifty ($50.00) dollars for a first offense, one hundred ($100.00) dollars for a second offense and two hundred ($200.00) dollars for any subsequent offense. Each and every day in which said violation exists shall constitute a separate violation.
[1999 Code § 12.08.060]
This section is authorized by N.J.S.A. 40:48-2.47 and shall apply only to the owners of real property on which there has been constructed a multiple-dwelling housing development containing three (3) or more units of dwelling space which are occupied or are intended to be occupied by three (3) or more persons who live independently of each other.
[1999 Code § 12.08.070]
The owner or owners of any multifamily dwelling complex as described in subsection 19-3.1 above, which complex contains any private street, driveway, parking lot, highway, lane, alley or other roadway which is open to the public or to which the public is invited, shall remove all snow and ice from such streets, driveways, parking lots, highways, lanes, alleys or other roadways within twelve (12) hours of daylight after the same shall fall or be formed thereon.
[1999 Code § 12.08.080]
The owner or owners of any multifamily dwelling complex as described in subsection 19-3.1, which complex contains any sidewalk open to the public or to which the public is invited, shall remove all snow and ice from such sidewalks or, in the event of ice which may be so frozen as to make removal impracticable, shall cause the same to be thoroughly covered with sand and ashes within twelve (12) hours of daylight after the same shall fall or be formed thereon.
[1999 Code § 12.08.090]
Any owner or owners who fail to comply with the requirements hereinabove set forth shall be liable, upon conviction of a complaint in the Municipal Court, to a fine of up to two hundred fifty ($250.00) dollars for a first offense and to the penalty stated in Chapter I, Section 1-5 for subsequent offenses. Each twenty-four (24) hour period (calendar day) following the twelve (12) hour period described in subsection 19-3.2 may be considered a separate violation.
[Ord. No. O.1598-2007§ 2; Ord. No. O.1657-2008§ I; Ord. No. O.1938-2016]
a. 
It is the duty of any owner of abutting lands in the Township to construct, repair, alter or relay any sidewalk, curb, gutter or drywell, or section thereof.
b. 
In the event that a sidewalk, curb, gutter or drywell falls into disrepair, the Department of Public Works, may by resolution presented to the Township Council, cause a notice in writing to be served upon the owner or occupants of said lands, requiring the necessary specified work to said sidewalk, curb, gutter or drywell to be done by the owner or occupant within a period of not less than thirty (30) days from the date of service of such notice. Whenever any lands are unoccupied and the owner cannot be found within the Township, the notice may be mailed, postage prepaid, to his, her or its post-office address if the address can be ascertained. In the case where the owner is a nonresident of Edison Township or his, her or its address cannot be ascertained, then the notice may be inserted for four (4) weeks, once a week in a local newspaper.
c. 
In the event the owner or occupant of such lands fails to comply with the requirements of the notice, it shall be lawful for the Department of Public Works, upon the filing due proof of service or publication of the aforesaid notice to cause the work to be done and paid out of the municipal funds available for that purpose. The Department of Public Works shall certify the cost of such work. Upon the filing of a certificate, the amount of the cost of work shall become a lien upon the abutting lands in front of where such repairs took place.
d. 
In the event that the property owner fails to satisfy the lien on said property, the Township reserves the right to collect said funds from the property owner in a court having competent jurisdiction.
e. 
Exception. The Township Council may provide for the repair or reconstruction of any sidewalk, curb, gutter or drywell at public expense under the conditions hereinafter stated; both of which much exist:
1. 
When any sidewalk, curb, gutter or drywell previously constructed or reconstructed as a local improvement under N.J.S.A. 40:65 et seq. is dilapidated or in need of repair or reconstruction, where such condition is not attributable to the acts of negligence of the abutting property owner or his predecessor in title nor that of any one for whose acts or negligence they are chargeable; and
2. 
When the abutting property owner or his predecessor in title shall have paid within twenty (20) years then last past, or shall pay, in full with interest all the assessment for the laying or relaying of sidewalk, curb, gutter or drywell in front of his property (at least to the extent that the installments of such assessments are then due.)
3. 
The Planning Board and/or Board of Adjustment shall not grant any requests for waivers for any property within a two (2) mile radius of any school property line. Any property outside the two (2) mile radius of any school property line, an applicant seeking a waiver from the required sidewalk installation pursuant to Chapter XIX and/or the Code will be considered on the basis of whether the requested waiver is reasonable and within the general purposes and intent of the Chapter XIX and/or the Code, and/or that literal enforcement of Chapter XIX and/or the Code is impractical and will exact undue hardship because of the peculiar conditions pertaining a certain property and can be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the Township's Master Plan and Zoning Ordinances and redevelopment plan if applicable.
[Ord. No. O.1938-2016]
f. 
Curbs, Sidewalks and Gutter Improvements. Notwithstanding anything to the contrary as set forth in paragraphs a. through e. of this Section 19-4, the Township may undertake as a local improvement under N.J.S.A. 40:56-1 et seq., the cost of which, or a portion thereof, may be assessed upon the lands in the vicinity thereof benefited thereby, the repair and/or installation of a sidewalk and the curbing or recurbing, guttering or reguttering of a sidewalk in, upon or along a street, alley or other public highway, or portion thereof on a priority of needs basis as determined by the Township based upon the Maser Consulting Group study entitled "Township of Edison Curb and Sidewalk Management System" dated August, 2005, revised October, 2005. The procedures set forth in N.J.S.A. 40-56-1 et seq. for the undertaking of such local improvement shall govern. The Township's Director of the Department of Public Works shall determine priorities for the undertaking of any such local improvement based upon the condition of such curbs, sidewalks and gutters and any other practical considerations he or she may deem appropriate under the circumstances. The Director of the Department of Public Works shall provide his or her recommendations to the Township Council in writing in connection with any local improvement appropriation ordinance. The Township Council may, by resolution, provide that the owner of any real estate upon which any assessment for such improvements shall have been made may pay such assessments in such equal yearly or quarterly installments, not exceeding ten (10) years in duration, with legal interest thereon (not to exceed three (3%) percent) and at such time in each year as the Township Council shall determine. The Township Council may fix the yearly installments in such amount as in its opinion are equitable and just.
g. 
Low and Very Low Income Subsidy. The Township may subsidize the payment of up to one hundred (100%) percent of the cost of the repair or reconstruction of any sidewalk, curb or gutter which is dilapidated or in need of repair or reconstruction for any single family dwelling occupied by a household meeting the Council on Affordable Housing ("COAH") Region 3 low income and very low income limits in the year in which the application is made for such subsidy. The Township may also subsidize fifty (50%) percent of the cost of the repair or reconstruction of any sidewalk, curb and gutter which is dilapidated or in need of repair or reconstruction for any single-family dwelling occupied by a household meeting up to two (2) times the COAH Region 3 moderate income limits in the year in which the application is made for such subsidy. Eligibility for any such subsidiary shall be determined by the Department of Planning and Engineering which shall certify such eligibility to the Director of the Department of Public Works. The amount of any subsidy provided to any household certified as to income eligibility by the Department of Planning and Engineering shall be dependant upon the overall amount of funding available in the Township's sidewalk, curb, gutter and drywell waiver fund or in any Township capital improvement fund. The Director of the Department of Public Works shall require, as a condition to the release of any funds to an income eligible household, the presentation of a written proposal from a reputable contractor who shall perform the work. The Director of the Public Works may reject any proposal which he determines, in his or her reasonable discretion, is not appropriate to perform the work. Once the proposal has been approved by the Director of Department of Public Works, payment shall be as specified by the Director of the Department of Public Works.
[Ord. No. O.1980-2017]
Before a public utility places, replaces or removes a pole or an underground facility located in the Township of Edison, the public utility shall notify both the Township Engineer and the Township Code Official in writing, which may be by fax or e-mail, at least, but not less than, twenty-four (24) hours before undertaking any excavation related to the placement, replacement or removal of the utility pole or underground facility, which pole or underground facility is used for the supplying and distribution of electricity for light, heat or power, or for the furnishing of water service or telephone, television or other telecommunications service on or below a public right-of-way in the Township. The Township Council of the Township of Edison shall notify any public utility that provides service in the Township of the application of the provisions of this section.
For the purposes of this section, underground facility means one (1) or more underground pipes, cables, wires, lines or other structures or conduits used for the supplying and distribution of electricity for light, heat or power or for the providing of water service, or for the furnishing of telephone, television or other telecommunications service.
[Ord. No. O.1980-2017]
After completing the placement, replacement or removal of a pole or an underground facility pursuant to this section, the public utility shall remove from such right-of-way any pole or underground facility no longer in use, as well as any other debris created from such placement, replacement or removal, including without limit any wires or appurtenances to any such replaced or removed pole or underground facility, and restore the property including, but not limited to, the installation of a hot patch as needed to restore the property within the right-of-way to its previous condition as much as possible. As used in this section, hot patch means the installation of a mixture of asphalt to restore property within the right-of-way to its previous condition subsequent to the construction or excavation of a site required for the placement, replacement or removal of a pole or an underground facility pursuant to this section.
[Ord. No. O.1980-2017]
For the purposes of this section, pole means, in addition to its commonly accepted meaning, any wires or cable connected thereto, and any replacements therefor which are similar in construction and use.
[Ord. No. O.1980-2017]
In the event a public utility does not meet the requirements of subsection 19-5.2 of this section concerning the removal of debris, including without limit any wires or appurtenances to any such replaced or removed pole or underground facility, and the restoring of property including, but not limited to, the installation of a hot patch, within a right-of-way to its previous condition within ninety (90) days of placement, replacement or removal of a pole or an underground facility, said public utility will be fined up to an amount not to exceed one hundred ($100.00) dollars each day, until the requirements of subsection 19-5.2 are met, except that if the public utility is unable to complete the installation of a hot patch due to the unavailability of asphalt material during the period of time from November through April, the public utility shall not be required to complete the hot patch installation until sixty (60) days immediately following the end of the November through April period. At least five (5) business days prior to the end of the ninety (90) day period established by this subsection, the Township shall notify the public utility that the penalties authorized by this subsection shall begin to be assessed against the utility after the end of the ninety (90) day period, unless the utility complies with the requirements of subsection 19-5.2 of this section. Any penalty imposed shall be collected or enforced in a summary manner, without a jury, in any court of competent jurisdiction according to the procedures provided for by the New Jersey Penalty Enforcement Law of 1999, N.J.S.A. 2A:58-10 et seq. The Superior Court, Middlesex County and the Edison Township Municipal Court shall have jurisdiction to enforce the provisions of this section. In the case of removal or replacement of a pole or an underground facility utilized by two (2) or more public utilities, the public utility last removing its pipes, cables, wires, lines or other structures shall be liable for the removal and restoration required under subsection 19-5.2 of this section, unless a written agreement between the public utilities provides otherwise.
[Ord. No. O.1980-2017]
Under emergency conditions which significantly impact the placement, replacement or the removal of a pole or underground facility resulting from natural forces or human activities beyond the control of the public utility, or which pose an imminent or existing threat of loss of electrical, water, power, telephone, television or other telecommunication service, or which pose an imminent or existing threat to the safety and security of persons or property, or both, or which require immediate action by a public utility to prevent bodily harm or substantial property damage from occurring, the provisions of subsection 19-5.1 of this section shall not apply when a public utility undertakes any construction or excavation related to the placement, replacement or removal of a pole or an underground facility in response to such an emergency, provided that the public utility undertaking such construction or excavation notifies the Township Engineer and the Township Code Official at the earliest reasonable opportunity, and that all reasonable efforts are taken by the public utility to comply with the removal and restoration requirements of subsection 19-5.2 of this section after responding to the emergency.